M/S Neeraj Tayal (Huf) v. M/S Satyabhama Constructions Pvt Ltd & ORS

/ / 6) $~16&17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 330/2019 M/S NEERAJ TAYAL (HUE) Appellant Through : Mr.Rahul Verma, Advocate.

versus M/S SATYABHAMA CONSTRUCTIONS PVT LTD & ORS Respondents Through: Mr.Sunil Kuamr, Mr.Ankit Dixit, Advocates.

+ RFA 331/2019 M/S RADHE SHYAM TAYAL (HUE) Appellant Through : Mr.Rahul Verma, Advocate.

versus M/S SATYABHAMA CONSTRUCTIONS PVT LTD & ORS Respondents Through: Mr.Sunil Kuamr, Mr.Ankit Dixit, Advocates.

CORAM:

HON'BLE MR. JUSTICE YOGESHICHANNA

ORDER

% 05.12.2019 These appeals challenges the judgment dated 04.01.2019 whereby the suit for recovery of Rs.9,92,988/- in RFA 330/2019 and Rs.9,32,009/- in REA l<\o.331/20J9 was dismissed. The only issue is as to if the appellant is entitled to an interest at the rate of 18% per annum on the money deposited by him with the respondent. Admittedly there is no written agreement between the parties. The respondent no.l being a company, an artificial person, hence there could not be any occasion for an oral understanding between an By:AMULYA

/ / r / .

individual and an artificial person.

Nevertheless during the course of arguments the matter has been amicably settled between the parties and it is stated the respondent shall pay a sum of Rs. 1,25,000/- to the appellant in full and final settlement of all claims of the appellant qua increase rate of interest, in both these appeals and that the learned counsel for appellant on instructions, has readily agreed to it. In the circumstances, an amount of Rs. 1,25,000/- be paid by the respondent to the appellant within six weeks from today. The appeals stands disposed of in terms of above. Pending application(s), if any, also stands disposed of. No order as to costs.

\ YOGESHKHANNA, J.

DECEMBER 05, 2019